Reducing Diversity in Judicial Appointments (H. 4755)

This bill seeks to eliminate considerations of diversity in the selection process for judges.

The South Carolina Judicial Merit Selection Commission is currently made up of 12 people appointed by the state House, Senate, and governor who consider the qualifications of candidates for judicial offices across the state, including the State Supreme Court.

Currently, state law requires some consideration of diversity when making appointments to this commission: “In making appointments to the commission, race, gender, national origin, and other demographic factors shall be considered to ensure nondiscrimination to the greatest extent possible as to all segments of the population of the State.” The law also requires the commission itself to consider the same factors when considering potential judges.

H. 4755 would not only delete those considerations — it would invert them. The bill explicitly forbids the Judicial Merit Selection Commission from considering “race, gender, sex, sexual preference, color, religion, national origin and other intersectional identifiers, markers, or any diversity, equity, and inclusion criteria, philosophy, or frameworks” when making nominations and appointments.

The bill would also give the governor sole power to appoint members of the Judicial Merit Selection Commission.

We oppose this bill because: Diversity matters in judicial appointments, and South Carolina ought to know it. In 2024 our state traded its all-male Supreme Court for an all-white Supreme Court.

Building diversity on judicial benches is not a matter of optics. It is a matter of justice. Studies have shown that appointing judges with diverse demographics and career paths can reduce bias, address racial disparities in criminal sentencing, and build public trust in the court system.

By forbidding even the consideration of diversity in the judicial selection process, H. 4755 would strike a blow against liberty and justice for all.